George Micky v. No Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU George Micky
...Petitioner
PRAYER: Original Petition filed under Section 372 of the Indian Succession Act, XXXIX of 1925 and Order XXV, Rule 6 of the Original Side Rules, 1956 praying to grant Succession Certificate in favour of the petitioner with power to collect the debts and to receive the interest, dividends and negotiate and transfer the securities and specified in the Schedule hereto. For Petitioner : Mr.S.Raghunathan ----
ORDER
The petitioner seeks Succession Certificate in respect of the securities held by Mr.Mickey M.Joseph, who died intestate on 07.06.1987. The petitioner is the son of the deceased and he is represented by his Power of Attorney Agent Mr.Shakti Vairavan.
2. The petitioner submits that the deceased Mr.Mickey Joseph had gotten maried to one Mrs.Lovesea Mickey Markose and the couple had 1/6
begotten one Mr.Pratish Mickey and the petitioner as their children out of the wedlock. The petitioner further submits that his father Late Mr.Mickey M.Joseph, died leaving behind his mother Mrs.Lovesea Mickey Markose, his brother Mr.Pratish Mickey and himself as hi sole legal heirs. Subsequently the aforesaid mother and the brother of the petitioner died on 10.02.2018 and 31.07.2018, leaving behind the petitioner as the sole legal heir of the deceased.
3. Mr.Shakthi Vairavan, the Power of Attorney Agent of the petitioner has been examined as PW1. He has produced 13 documents to support his deposition. The Photocopy of the Power of Attorney dated 24.01.2022 executed by the petitioner has been marked as Ex.P1. The photocopy of the death certificate and the legal heirship certificate of the deceased are marked as Ex.P2 and Ex.P3, respectively. The online copy of the death certificate of Late.Mrs.Lovesea Mickey Markose, the wife of the deceased has been marked as Ex.P4. The online copy of the death certificate of Late.Mr.Pratish Micky, the deceased brother of the petitioner has been marked as Ex.P6. The perusal of Ex.P3, unequivocally proves that the petitioner is the sole legal heir of the deceased. The general paper publication has been effected and no objections have been received.
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4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are entitled to the relief.
5. In view of the above evidence, the Original Petition is allowed granting Succession Certificate in favour of the petitioner, with the power to collect the debts and to receive the interest, dividends and negotiate and transfer the securities mentioned in the schedule to the petition. Index :Yes/No Petitioner's witness:
P.W.1 - Mr.Shakthi Vairavan 3/6
Documents exhibited by the petitioner:
Exhibits Documents Ex.P1 Photocopy of the Power of Attorney dated 24.01.2022. (Original produced, compared and returned) Ex.P2 Photocopy of the death certificate of late Mr.Mickey M.Joseph issued by the Corporation of the City of Bangalore dated 23.06.1987.
Ex.P3 Online copy of the legal heirship certificate of late Mr.Mickey M.Joseph issued by the Tahsildar, Velachery Taluk, Chennai dated 12.07.2021.
Ex.P4 Online copy of the Death Certificate of late Mrs.Lovesea Micky Markose issued by the Greater Chennai Corporation dated 28.02.2018.
Ex.P5 Online copy of the legal heirship certificate of late Mrs.Lovesea Micky Markose, issued by the Tahsildar, Velacherry Taluk, Chennai dated 25.11.2018.
Ex.P6 Online copy of the Death Certificate of late Mr.Pratish Micky issued by the Government of Kerala dated 10.08.2018.
Ex.P7 Photocopy of the Share certificate bearing Certificate No.7448 issued by M/s.TVS Motor Company Limited dated 27.12.2003.
Ex.P8 Photocopy of the interim Dividend Slip bearing Folio No.0734 issued by M/s.TVS Motor Company Limited dated 01.02.2011.
Ex.P9 Photocopy of the Letter issue dby M/s.Sundaram Clayton Limited, the Share Transfer Agent, to late Mr.Mickey M.Joseph, requesting him to furnish his correct address for re-dispatch of bonus share certificate bearing Folio No.0734 dated 05.02.2011.
Ex.P10 Photocopy of the Letter issued by M/s.TVS Motor Company Ltd., to late Mr.Mickey M.Joseph, providing the details of the new share certificate dated 01.07.2013. Ex.P11 Photocopy of the Letter issued by M/s.TVS Motor Company Ltd., to late Mr.Mickey M.Joseph dated 18.12.2017.
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Ex.P12 Photocopy of the Reminder letter issued by M/s.Sundaram - Clayton Limited to late Mrs.Lovesea Mickey Markose dated 15.03.2014.
Ex.P.13 Photocopy of the Final Reminder Letter by M/s.Sundaram - Clayton Limited to late Mrs.Lovesea Mickey Markose, the petitioner's mother dated 01.02.2018.
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K.KUMARESH BABU, J.
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